Lawgist394Abatement of appeals
(1) Every other appeal under section 377 or section 378 shall finally abate on the death of the accused.
(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant:
Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.
Explanation.---In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.
Download our fully-offline, High speed android app.- Click here
- 372 No appeal to lie unless otherwise provided
- 373 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 374 Appeals from convictions
- 375 No appeal in certain cases when accused pleads guilty
- 376 No appeal in petty cases
- 377 Appeal by the State Government against sentence
- 378 Appeal in case of acquittal
- 379 Appeal against conviction by High Court in certain cases
- 380 Special right of appeal in certain cases
- 381 Appeal to Court of Session how heard
- 382 Petition of appeal
- 383 Procedure when appellant in jail
- 384 Summary dismissal of appeal
- 385 Procedure for hearing appeals not dismissed summarily
- 386 Powers of the Appellate Court
- 387 Judgments of Subordinate Appellate Court
- 388 Order of High Court on appeal to be certified to lower Court
- 389 Suspension of sentence pending the appeal; release of appellant on bail
- 390 Arrest of accused in appeal from acquittal
- 391 Appellate Court may take further evidence or direct it to be taken
- 392 Procedure where Judges of Court of Appeal are equally divided
- 393 Finality of judgments and orders on appeal
- 394 Abatement of appeals
